HomeMy WebLinkAbout01-03984u~'~1' ' ~ 2001'
NORMA ESTRADA,
Plaintiff
v.
OSCAR M. 50LAN0,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION -LAW
IN PROTBCTION FROM ABUSB
No. of- 398t/ CIVIL TERM
NOTICE OF HEARING AND ORDER
YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set
forth in the following pages, you must appear at the hearing scheduled herein. If you fail to do
so, the case may proceed against you and a FINAL Order maybe entered against you granting
the relief requested in the Petition. In particular, you may be evicted from your residence and
lose other important rights. ,./
A hearing on the matter is scheduled for the ~~` ;day ofu~~~~ 2001, at
~~ , in Courtroom ~ at the Cumberland County Co use, nnsylvania.
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You MUST obey the Order that is attached until it is modified or terminated by the court
after notice and hearing. If you disobey this Order, the police may arrest you. Violation of this
Order may subject you to a charge of indirect criminal contempt which is punishable by a fine of
up to $1,000.00 and/or up to six months in jail under 23 Pa.C.S. § 6114. Violation may also
subject. you to prosecution and criminal penalties under the Pennsylvania Crimes Code. Under
federal law, 18 U.S.C. § 2265, this Order is enforceable anywhere in the United States, tribal
lands, U.S. Territories and the Commonwealth of Puerto Rico. If you travel outside of the state
and intentionally violate this Order, you may be subject to federal criminal proceedings under the
Violence Against Women Act, 18 U.S.C. §§ 2261-2262.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. YOU HAVE
THE RIGHT TO HAVE A LAWYER REPRESENT YOU AT THE HEARING. THE COURT
WILL NOT, HOWEVER, APPOINT A LAWYER FOR YOU. IF YOU DO NOT HAVE A
LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET
FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IF YOU
CANNOT FIND A LAWYER, YOU MAY HAVE TO PROCEED WITHOUT ONE.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, Pennsylvania 17013
(717) 249-3166
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NOIZMA ESTRADA,
Plaintiff
v.
OSCAR M. 50LAN0,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION -LAW
IN PROTECTION FROM ABUSE
NO.O~ 3~g I CIVIL TERM
TEMPORARY PROTECTION FROM ABUSE ORDER
Defendant's Name: Oscar Montes Solaro
Defendant's Date of Birth: 7/23/79
Defendant's Social Security Number: Unknown.
Names of All Protected Persons, including Plaintiff and minor children:
Norma Estrada
And now, this ~ day of 2001, upon consideration of the attached
Petition for Protectron From Abuse, the ourt hereby enters the following Temporary Order:
[X] 1. Defendant shall not abuse, harass, stalk or threaten any of the above persons in any place
where they might be found.
[ ] 2. Defendant is excluded from the residence or any other permanent or temporary residence
where Plaintiff may live. Defendant shall have no right or privilege to enter or be present
on the premises.
[X] 3. Except for such contract with the minor children as may be permitted under Paragraph 5
of this Order, Defendant is prohibited from having ANY CONTACT with Plaintiff at any
location, including but not limited to any contact at Plaintiff s school, business, or place
of employment.
[X] 4. Except for such contact with the minor children as may be permitted under Paragraph 5
of this Order, Defendant shall not contact Plaintiff by telephone or by any other means,
including through third persons.
[X] 5. Pending the outcome of the fmal hearing in this matter, Plaintiff is awarded temporary
custody of the following minor child:
Oscar Ignacio Montes Estrada
Until the final hearing, all contact between defendant and the child shall be limited to the
following:
Because defendant has threatened to take the child to Mexico, pending conciliation and/or
agreement of the parties, plaintiff and defendant shall have shared legal custody of the child.
Plaintiff shall have primary physical custody of the child. Defendant shall have supervised
periods of partial physical custody of the child, the dates and times of defendant's periods of
supervised partial physical custody to be arranged between the parties through their attorneys.
The local law enforcement agency in the jurisdiction where the child is located shall ensure that
the child is placed in the care and control of the Plaintiff in accordance with the terms of this
Order.
[ ] 6. Defendant is prohibited from possessing, transferring or acquiring any other weapons for
the duration of this order.
[ ] 7. The following additional relief is granted:
[X] 8. A certified copy of this Order shall be provided to the police department where Plaintiff
resides and any other agency specified hereafter: Pennsylvania State Police and Shippensburg
Police.
[X] 9. THIS ORDER SUPERSEDES [ ]ANY PRIOR PFA ORDER AND [ ]ANY PRIOR
ORDER RELATING TO CHILD CUSTODY.
[X] 10. THIS ORDER APPLIES IMIvIEDIATELY TO DEFENDANT AND SHALL REMAIN
IN EFFECT UNTIL MODIFIED OR TERMINATED BY THIS COURT AFTER NOTICE
AND HEARING.
NOTICE TO THE DEFENDANT
Defendant is hereby notified that violation of this Order may result in arrest for indirect
criminal contempt, which is punishable by a fine of up to $1,000.00 and/or up to six months in
jail. 23 Pa.C.S § 6114. Consent of the Plaintiff to Defendant's return to the residence shall not
invalidate this Order, which can only be changed or modified through the filing of appropriate
court papers for that purpose. 23 Pa.C.S. § 6113. Defendant is further notified that violation of
this Order may subject him/her to state charges and penalties under the Pennsylvania Crimes
Code and to federal charges and penalties under the Violence Against Women Act, 18 U.S.C. §§
2261-2262.
NOTICE TO LAW ENFORCEMENT OFFICIALS
This Order shall be enforced by the police who have jurisdiction over the plaintiffs
Yesidence OR any location where a violation of this order occurs OR where the defendant may be
located. If defendant violates Paragraphs 1 through 6 of this Order, defendant shall be arrested
on the charge of Indirect Criminal Contempt. An arrest for violation of this Order may be made
without warrant, based solely on probable cause, whether or not the violation is committed in the
presence of law enforcement.
Subsequent to an arrest, the law enforcement officer shall seize all weapons used or
threatened to be used during the violation of this Order OR during prior incidents of abuse.
Weapons must forthwith be delivered to the Sheriffs office of the county which issued this
Order, which office shall maintain possession of the weapons until further Order of this court,
unless the weapons are evidence of a crime, in which case, they shall remain with the law
enforcement agency whose officer made the arrest.
BY THL COURT:
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NORMA ESTRADA, : IN THE COURT OF COMMON PLEAS OF
Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA
v.
CIVIL ACTION -LAW
OSCAR M. SOLANO, IN PROTECTION FROM ABUSE
Defendant
N0. o ~• 3 ~'~5° CIVIL TERM
PETTTION FOR PROTECTION FROM ABUSE
1. Plaintiffs name is: Norma Estrada
2. I am filing this Petition on behalf of Myself.
3. Name(s) of ALL person(s), including Plaintiff and minor children, who seek protection
from abuse:
Norma Estrada
4. Plaintiffs address is: DVS Shelter -address of shelter is confidential.
5. Defendant lives at the following address: 301 East Orange Street
Shippensburg, PA 17257
Defendant's Social Security Number is: Unknown.
Defendant's date of birth is: 7/23!79
Defendant's place of employment is: Unknown.
6. Indicate the relationship between Plaintiff and Defendant.
[ ]Spouse [X] Current/former sexual/intimate
partner
[ ] Ex-spouse [ ] Parentlchild
[X] Persons who live or have lived like spouses [ ]Other relationship by
blood/marriage
[X] Parents of the same children
7
8
9
10.
Have Plaintiff and Defendant been involved in any of the following court actions?
[ ]Divorce [ ]Custody [ ]Support [ ]Protection From Abuse
If you checked any of the above, briefly indicate when and where the case was filed and
the court number if known:
Has the Defendant been involved in any criminal court action? Yes.
If you answered Yes, is the Defendant currently on probation? Unknown.
Plaintiff and Defendant are parents of the following minor children:
Name
Oscar Ignacio Montes Estrada
Ades who reside at
DOB 3/2/01 DVS Shelter
If Plaintiff and Defendant are parents of any minor children together, is there an existing
court Order regarding their custody? No.
If you are now seeking an Order of child custody as part of this petition, list the following
information:
(a) Where has each child resided during the past five years?
Child's Name Person s) child lived with Address
Oscar Ignacio Norma Estrada DVS Shelter
Montes Estrada
DOB 3/2/01
Norma Estrada 301 E. Orange St.
Oscaz M. Solano Shippensburg, PA
Javier Montes 17257
Elidia Montes
Antonio Gutierrez
Stephanie Gutierrez
Cindy Guitierrez
Yasil Guitierrez and
4 friends of the family
Whose names aze unknown
to the plaintiff.
When
6/22/01-present
3/2/01-6/22/01
(b) List any other persons who are known to have or claim a right to custody of each child
listed above.
Name Address Basis of Claim
N/A
11. The following other minor children presently live with Plaintiff:
Name Age Plaintiffs relationship to children
None
12. The facts of the most recent incident of abuse are as follows:
Approximate Date:
Approximate Time:
Place:
June 21, 2001
6:30 p.m.
301 East Orange Street
Shippensburg, PA 17257
Describe in detail what happened, including any physical or sexual abuse, threats, injury,
incidents of stalking, medical treatment sought, and/or calls to law enforcement:
On Thursday, June 21, 2001, the defendant was going to leave the home. The plaintiff
asked the defendant where he was going. It is the defendant's belief that the plaintiff is not
supposed to question the defendant or ask questions of him. Therefore, since the plaintiff
questioned the defendant the defendant began to abuse the plaintiff The defendant hit the
plaintiff with a belt in the neck and in the shoulder while she was holding the baby. The plaintiff
then put the baby in his bed. The defendant grabbed the plaintiff by her neck and continued to
hit her with the belt. The defendant told the plaintiff that he would continue to hit her with the
belt until she stopped crying. During this incident the defendant hit the plaintiff approximately 7
times with the belt. Eventually, the plaintiff left the house, went to a friend's house and then to
the police station. When the police went to the house, the defendant was no longer there and the
baby had been left unattended.
On Wednesday, June 20, 2001, the plaintiff went to the defendant's place of employment
to help him pick tomatoes. The defendant became upset with her, began to verbally insult her
and throw tomatoes at her. The defendant then took a pair of gardening shears, held them to the
plaintiff's neck and said that he would kill her. The defendant then opened the scissors and put
them around her nose and told the plaintiff that he would cut her nose off. The defendant
grabbed the plaintiff by the hair and dragged her back to the location where she was to work.
Defendant told plaintiff that if she tried to take legal action against him, he would kill her and
take the child to Mexico.
13. If the defendant has committed prior acts of abuse against plaintiff or the minor children,
describe these prior incidents, including any threats, injuries, or incidents of stalking, and
indicate approximately when such acts of abuse occurred:
Approximately two weeks prior to the incidents that occurred on June 20 and June 21,
2001, the defendant came home one night at approximately 3:00 a.m. The defendant wanted the
plaintiff to have sex with him. When the plaintiff refused, the defendant slapped the plaintiff and
punched her in the mouth causing her lip to bleed. Then the defendant forced the plaintiff to
have sex with him.
The defendant has forced the plaintiff to have sex with him numerous times since they
have known each other.
The defendant has continuously abused the plaintiff since they have known each other.
The defendant abused the plaintiff the entire time she was pregnant.
When the plaintiff was approximately 2 or 3 months pregnant, she went to the doctor to
have an examination. The defendant became angry because it was a male doctor that was going
to examine the plaintiff. In the car on their way home, following the examination, the defendant
punched the plaintiff in the face causing her nose to bleed. The defendant pulled the car off of
the road and, thereafter, forced the plaintiff to have sex with him.
When plaintiff was about 6 months pregnant, the plaintiff and defendant got into an
argument at which time the defendant hit the plaintiff on her legs and face with a belt. The
defendant also slapped the plaintiff in the face. While the plaintiff was lying on the floor
covering her stomach, the defendant kicked her in the back of her neck.
14. List the weapon(s) that Defendant has used or threatened to use against Plaintiff or the
minor children:
Gardening shears,
Belt.
15. Identify the police department or law enforcement agency in the area in which Plaintiff
lives that should be provided with a copy of the protection order:
Pennsylvania State Police
Shippensburg Police
16. There is an immediate and present danger of further abuse from the Defendant.
CHECK THE FOLLOWING BOXES ONLY IF THEY APPLY TO YOUR CASE AND
PROVIDE THE REQUESTED INFORMATION
[ ]Plaintiff is asking the court to evict and exclude the Defendant from the following
residence:
[ ]owned by (list owners, if known):
[ ] rented by (list all names, if known):
[ ]Defendant owes a duty of support to Plaintiff and/or the minor children.
[ ]Plaintiff has suffered out-of-pocket fmancial losses as a result of the abuse described
above. Those losses are:
FOR THE REASONS SET FORTH ABOVE, I REQUEST THAT THE COURT ENTER A
TEMPORARY ORDER, and AFTER HEARING, A FINAL ORDER THAT WOULD DO THE
FOLLOWING (CHECK ALL FORMS OF RELIEF REQUESTED):
[X] A. Restrain Defendant from abusing, threatening, harassing, or stalking Plaintiff in any place
where plaintiff maybe found.
[ ] B. Bxclude defendant from Plaintiff s residence and proMbit Defendant from attempting to
enter any temporary or permanent residence of the Plaintiff
[ ] C. Require Defendant to provide Plaintiff and/or minor children with other suitable
housing.
[X] D. Award Plaintiff temporary custody of the minor children and place the following
restrictions on contact between Defendant and children:
Pending conciliation and/or agreement of the parties, Plaintiff and Defendant shall have
shared legal custody of the child. Plaintiff shall have primary physical custody of the child.
Defendant shall have periods of supervised partial physical custody of the child, the dates and
times of Defendant's periods of supervised partial physical custody shall be arranged between the
parties through their attorneys.
[X] E. Prohibit Defendant from having any contact with Plaintiff, either in person, by telephone,
or in writing, personally or through third persons, including but not limited to any contact at
Plaintiffs school, business, or place of employment, except as the court may fmd necessary with
respect to partial custody and or visitation with the minor children.
[X] F. Prohibit Defendant from having any contact with Plaintiff s relatives and Plaintiffs
children listed in this Petition, except as the court may fmd necessary with respect to partial
custody and/or visitation with the minor children.
[ ] G. Prohibit Defendant from transferring, acquiring or possessing any such weapons for the
duration of the Order.
[ ] H. Order Defendant to pay temporary support for Plaintiff and/or the minor children,
including medical support and [ ]payment of the rent or mortgage on the residence.
[ ] I. Direct Defendant to pay Plaintiff for the reasonable fmancial losses suffered as the result
of the abuse, to be determined at the hearing.
[X] J. Order Defendant to pay the costs of this action, including filing and service fees.
[ ] K. Order Defendant to pay Plaintiffs reasonable attorney's fees.
[ ] L. Order the following additional relief, not listed above:
[X] M. Grant such relief as the court deems appropriate.
[X] N. Order the police or other law enforcement agency to serve the Defendant with a copy of
this Petition, any Order issued, and the Order for Hearing. The Plaintiff will inform the
designated authority of any addresses, other than Defendant's residence, where Defendant can be
served.
Date: June 27, 2001 ~~- ~4i ~~~Z~1 -.ten ~~X.
Debra Hart Munchel
Certified Legal Intern
THO S M.PLACE
ROBERT E. RA1NS
TERI L. HENNING
Supervising Attorneys
FAMILY LAW CLIIVIC
45 North Pitt Street
Carlisle, PA 17013
717/243-2968
VERIFICATION
Understanding that the making of any false statement would subject me to the penalties
of 18 Pa.C.S § 4904, I verify that I am the Plaintiff in the present action, and that the facts and
statements contained in the above Petition are true and correct, to the best of my knowledge,
information and belief.
Dr - ~7- ~ L IJ d'r m a ~5~r~~a
Date Norma Estrada
NORMA ESTRADA,
Plaintiff
v.
O5CAR M. SOLANO,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION-LAW
IN PROTBCTION FROM ABUSB
NO. O1 -
FINAL ORDER OF COURT
Defendant's Name: Oscar M. Solano
Defendant's Date of Birth: 7/23/79
Defendant's Social Security Number: Unknown.
CIVIL TERM
Names of All Protected Persons, including Plaintiff and minor children:
Norma Estrada
AND NOW, this day of , 2001, the court having jurisdiction over the
parties and the subject-matter, it is ORDERED, ADNDICATED and DECREED as follows:
Note: Space is provided to allow for 1) the court's general findings of abuse; 2) inclusion
of the terms under which the order was entered (e.g, that the order was entered with the consent
of the parties, or that the defendant, though properly served, failed to appear for the hearing, or
the reasons why plaintiff s request for a final PFA order was denied); and/or 3) information that
may be helpful to law enforcement (e.g, whether a weapon was involved in the incident of abuse
and/or whether the defendant is believed to be armed and dangerous).
[ ]Plaintiffs request for a final protection order is denied. OR
[ ]Plaintiffs request for a final protection order is granted.
[ ] 1. Defendant shall not abuse, stalk, harass, threaten the Plaintiff or any other protected
person in any place where they might be found.
[ ] 2. Defendant is completely evicted and excluded from the residence at
[NONCONFIDENTIALRDDRESS FROM WHICH DEFENDANT I5 EXCLUDED] or any
other residence where Plaintiff may live. Exclusive possession of the residence is granted to
Plaintiff Defendant shall have no right or privilege to enter or be present on the premises.
[ ] On ,Defendant may enter the residence to retrieve his/her clothing and other
personal effects, provided that Defendant is in the company of a law enforcement officer when
such retrieval is made.
[ ] 3. Except as provided in Paragraph 5 of this Order, Defendant is prohibited from having
ANY CONTACT with the Plaintiff at any location, including but not limited to any contact at
the Plaintiffs school, business, or place of employment. Defendant is specifically ordered to stay
away from the following locations for the duration of this Order.
[ ] 4. Except as provided in Paragraph 5 of this Order, Defendant shall not contact the Plaintiff
by telephone or by any other means, including through third persons.
[ ] 5. Custody of the minor children, [names of the children subject to the provision of this
paragraph] shall be as follows: [state to whom primary physical custody awarded; state terms of
partial custody or visitation, if any.]
[ ] 6. Defendant shall immediately tum over to the Sheriffs Office, or to a local law
enforcement agency for delivery to the Sheriffs Office, the following weapons used or
threatened to be used by Defendant in an act of abuse against Plaintiff and/or the minor children.
[ ] 7. Defendant is prohibited from possessing, transferring or acquiring any other weapons for
the duration of this order. Any weapons delivered to the sheriff under paragraph 6 of this Order
or under Paragraph 6 of the Temporary Order shall not be returned until further order of court.
[ ] 8. The following additional relief is granted as authorized by § 6108 of the Act:
[ ] 9. Defendant is directed to pay temporary support for: [insert the names of the persons for
whom support is to be paid] as follows: [insert amount, frequency and other terms and conditions
of the support order]. This order for support shall remain in effect until a fmal support order is
entered by this Court. However, this order shall lapse automatically if the Plaintiff does not file a
complaint for support with the court within fifteen days of the date of this order. The amount of
this temporary order does not necessarily reflect Defendant's correct support obligation, which
shall be determined in accordance with the guidelines at the support hearing. Any adjustments in
the final amount of support shall be credited, retroactive to this date, to the appropriate party.
[ ] 10. The costs of this action aze waived as to the Plaintiff and imposed on Defendant.
[ ] 11. [] Defendant shall pay $
pocket losses, which are as follows: _
[ ] Plaintiff is granted leave to present a petition, with appropriate notice to Defendant,
to [insert the name of the judge or court to which the petition should be presented] requesting
recovery of out-of-pocket losses. The petition shall include an exhibit itemizing all cliamed out-
of-pocket losses, copies of all bills and estimates of repair, and an order scheduling a hearing.
NO fee shall be required by the Prothonotary's office for the filing of this petition.
[ ] 12. BRADY INDICATOR.
[ ] 1. The Plaintiff or protected person(s) in a spouse, former spouse, a person who cohabitates
or has cohabitated with the Defendant, a pazent of a common child, a child of that person, or a
child of the Defendant.
[ ] 2. This order is being entered after a hearing of which the Defendant received actual notice
and had an opportunity to be heard.
[ ] 3. Pazagraph 1 of this Order has been checked to restrain the Defendant from harassing,
stalking, or threatening Plaintiff or protected person(s).
[ ] 4. Defendant represents a credible threat to the physical safety of the Plaintiff or other
protected persan(s) OR
to Plaintiff as compensation for Plaintiffs out-of-
OR
[ ] The terms of this Order prohibit Defendant from using, attempting to use, or threatening
to use physical force against the Plaintiff or protected person that would reasonably be expected
to cause bodily injury.
[ ] 13. THIS ORDER SUPERSEDES [ ]ANY PRIOR PFA ORDER AND [ ]ANY
PRIOR ORDER RELATING TO CHILD CUSTODY.
14. All provisions of this order shall expire in eighteen months, on [insert expiration date].
NOTICE TO THE DEFENDANT
VIOLATION OF THIS ORDER MAY RESULT IN YOUR ARREST ON THE
CHARGE OF INDIRECT CRIMINAL CONTEMPT WHICH IS PUNISHABLE BY A FINE
OF UP TO $1,000.00 AND/ORA JAIL SENTENCE OF UP TO SIX MONTHS. 23 PA.C.5. §
6114. VIOLATION MAY ALSO SUBJECT YOU TO PROSECUTION AND CRIMINAL
PENALTIES UNDER THE PENNSYLVANLA CRIMES CODE. THIS ORDER IS
ENFORCEABLE IN ALL FIFTY (50) STATES, THE DISTRICT OF COLUMBIA, TRIBAL
LANDS, U.S. TERRITORIES AND THI? COMMONWEALTH OF PUERTO RICO UNDER
THE VIOLENCE AGAINST WOMEN ACT, 18 U.S.C. §§ 2261-2262. IF YOU TRAVEL
OUTSIDE OF THE STATE AND INTENTIONALLY VIOLATE THIS ORDER YOU MAY
BE SUBJECT TO FEDERAL CRIMINAL PROCEEDINGS UNDER THAT ACT. 18 U.S.C.
§ § 2261-2262. IF PARAGRAPH 12 OF THIS ORDER HAS BEEN CHECKED, YOU MAY
BE SUBJECT TO FEDERAL PROSECUTION AND PENALTIES UNDER THE "BRADY"
PROVISIONS OF THE GUN CONTROL ACT, 18 U.S.C. §§ 922(G), FOR POSSESSION,
TRANSPORT OR RECEIPT OF FIREARMS OR AMMUNITION.
NOTICE TO LAW ENFORCEMENT OFFICIALS
This Order shall be enforced by the police who have jurisdiction over the plaintiff s
residence OR any location where a violation of this order occurs OR where the defendant may be
located. If defendant violates Paragraphs 1 through 4 of this Order, an arrest may be made
without warrant, based solely on probable cause, whether or not the violation is committed in the
presence of law enforcement.
Subsequent to an arrest, the law enforcement officer shall seize all weapons used or threatened to
be used during the violation of this Order OR during prior incidents of abuse. Weapons must
forthwith be delivered to the Sheriff's office of the county which issued this Order, which office
shall maintain possession of the weapons until further Order of the this Court, unless the
weapons are evidence of a crime, in which case, they shall remain with the law enforcement
agency whose officer made the arrest.
(1) Defendant is prohibited from acquiring or possessing any weapons for the duration
of this order.
(2) Defendant may, upon the expiration if this order, request that the sheriff return any
weapons held pursuant to this order. The sheritl'shall determine if defendant is
otherwise legally entitled to possess the weapons. If the protection from abuse order
has expired and defendant is legally entitled to possess weapons, the sheriff shall
present an order to the court authorizing that the weapons be returned to
defendant. Otherwise, the sheriff shall notify defendant that he must file a petition
with the court seeking a return of the weapons, in which case the court, upon
petition, will schedule a hearing with notice to the plaintiff.
BY TIC COURT:
Judge
Date
If entered pursuant to the consent of the plaintiff and defendant:
(Plaintiffs signature) (Defendant's signature)
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06/27/01 WED 13:18 FA% 717 240 6573 CUMB CO PROTHONOTARY
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~~~ BIULTI TN REPORT ~~,r
T%/R% NO 2693
INCOMPLETE T%/R% [ 04]9p2583343
TRANSACTION OR LS
ERROR [ O1]9p2490779 PSP
(yFF"1CE DF THE pRt77'F{ONO'CARY
Ct1MBERLAND C4[INl'Y COURTHOUSE
pNE op[IRTriOUSE SQUARE
CARLISLE, PA. 17013-3387
(717) 240-6195
FAX (717) 240-6573
V I A T E L E C O P I E R
TD: PA STATE POLICE - CEd'I• 1 R~Ee.ei''
FAX #: 717-249-0779
E'RQ'4: CURTIS R, LDNG
RE: PFA ORDERS
ND;SSAGE
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NORMA ESTRADA, IN THE COURT OF COMMON PLEAS OF
Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA
v.
CIVIL ACTION -LAW
OSCAR M. SOLANO, IN PROTECTION FROM ABUSE
Defendant
NO. 01-3984 CIVIL TERM
CONSENT AND APPROVAL FOR APPEARANCE UNDER Pa.B.A.R. 322
I hereby consent to the appearance of Debra Hart Munchel, a Certified Legal Intem under
the supervision of an attorney, in the support proceeding before the Honorable George Hoffer, at
1:30 p.m. on Monday, July 2, 2001.
Date: July 2, 2001
~ ~r
Norma Estrada
As the supervising attorney for Debra Hart Munchel, certified under Pa.B.A.R. 322, I
approve of her appearance on behalf of the above-named client in the above-named proceeding.
Date: July 2, 2001
s'~-.
Thomas M. Place
Robert E. Rains
Teri Henning
SUPERVISING ATTORNEYS
FAMILY LAW CLIlVIC
45 North Pitt Street
Carlisle, PA 17013
(717)243-2968
NORMA ESTRADA, IN THE COURT OF COMMON PLEAS OF
Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA
v.
CIVIL ACTION -LAW
OSCAR M. SOLANO, : IN PROTECTION FROM ABU5E
Defendant
NO. 01-3984 CIVIL TERM
FINAL ORDER OF COURT
Defendant's Name: Oscar Montes Solano
Defendant's Date of Birth: 7/23/79
Defendant's Social Security Number: Unknown.
Names of All Protected Persons cludin Pl ' 'ff: N a Estrada
AND NOW, this day of 001, the court having jurisdiction over
the parties and the subjec -matter, it is O EKED, DNDGED and DECREED as follows:
Pursuant to the consent of the parties, which does not constitute Defendant's admission to
the averments of abuse in the petition, the following order will be entered:
Plainflff's request for a final protection order is granted.
Defendant shall not abuse, stalk, harass, or threaten the Plaintiff in any place where she
might be found.
2. Defendant is completely excluded from the residence or any other permanent or
temporary residence where Plaintiff may live. Defendant shall have no right or privilege
to enter or be present on the premises of Plaintiff.
Except for such contact with or regarding the minor children as may be permitted under
paragraph 5 of this order, Defendant is prohibited from having ANY CONTACT with
Plaintiff, or any other person under this Order, at any location, including but not limited
to any contact at Plaintiffls school, business, or place of employment.
4. Except for such contact with or regarding the minor children as may be pemutted under
Paragraph 5 of this Order, Defendant shall not contact Plaintiff, or any other person
protected under this Order, by telephone or by any other means, including through third
persons.
5. Pending conciliation and/or agreement of the parties, plaintiff and defendant shall have
shared legal custody of child. Plaintiff shall have primary physical custody of the child.
Defendant shall have supervised periods of partial physical custody, the dates and times
of defendant's periods of supervised partial physical custody to be arranged between the
parties through their attorneys.
6. The costs of this action are waived as to all parties.
A certified copy of this Order shall be provided to the Shippensburg Police Department
and the Pennsylvania State Police.
This Order supersedes any prior PFA Order.
9. This Order applies immediately to Defendant and shall remain in effect for eighteen
months, until January 2, 2003.
NOTICE TO THE DEFENDANT
VIOLATION OF THIS ORDER MAY RESULT IN YOUR ARREST ON THI?
CHARGE OF INDIRECT CRIMINAL CONTEMPT WHICH IS PUNISHABLE BY A FINE
OF UP TO $1,000.00 AND/OR A JAIL SENTENCE OF UP TO SIX MONTHS. 23 PA.C.S. §
6114. VIOLATION MAY ALSO SUBJECT YOU TO PROSECUTION AND CRIMINAL
PENALTIES UNDER THE PENNSYLVANIA CRIMES CODE.
THIS ORDER IS ENFORCEABLE IN ALL FIFTY (50) STATES, THI? DISTRICT OF
COLUMBIA, TRIBAL LANDS, U.S. TERRITORIES AND THE COMMONWEALTH OF
PUERTO RICO UNDER THE VIOLENCE AGAINST WOMEN ACT, 18 U.S.C. §2265. IF
YOU TRAVEL OUTSIDE OF THE STATE AND INTENTIONALLY VIOLATE THIS
ORDER YOU MAYBE SUBJECT TO FEDERAL CRID~IINAL PROCEEDINGS UNDER
THAT ACT. 18 U.S.C. §§ 2261 -2262.
NOTICE TO LAW ENFORCEMENT OFFICIALS
The police who have jurisdiction over the plaintiff s residence OR any location where a
violation of this order occurs OR where the defendant may be located, shall enforce this order.
An arrest for violation of Paragraphs 1 through 5 of this order may be without warrant, based
solely on probable cause, whether or not the violation is committed in the presence of the police.
23 Pa.C.S. § 6113.
Subsequent to an arrest, the police officer shall seize all weapons used or threatened to be
used during the violation of the protection order or during prior incidents of abuse. The Police
Department shall maintain possession of the weapons until further order of this Court.
When the defendant is placed under arrest for violation of the order, the defendant shall
betaken to the appropriate authority or authorities before whom defendant is to be arraigned. A
"Complaint for Indirect Criminal Contempt" shall then be completed and signed by the police
officer OR the plaintiff. Plaintiff s presence and signature are not required to file the complaint.
If sufficient grounds for violation of this order are alleged, the defendant shall be
arraigned, bond set and both parties given notice of the date of the hearing.
If entered pursuant to the consent of the plaintiff and defendant:
QrYYtG ~-~~raGE~
Norma Estrada, Plaintiff
n5cc~'rr c»o/1Tog
Oscar M. 5olano, Defendant
Debra Hart Munchel
Certified Le a1 Intern
~~ ~
Thomas Place
Robert Rains
Teri Henning
Supervising Attorneys
THE FAMILY LAW CLINIC
45 North Pitt Street ~`Z. J
Carlisle, PA 17013
(717)243-2968
Counsel for Plaintiff
BY THE COURT:
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HAYDEE GREENS
Court Transla[ot / Inmrpacer
157 Whiskey Run Rd.
Newville, PA 17241
Spanish /English
Portuguese /English 717 776-5025
n7/02/0?. iNON 13:51 FA% 717 240 6573 CUMB CO PROTHONOTARY
X00]
~~: MULTI TN REPORT ~~~
**s:r<ix::r*~:e*x~~~:s~~a~*~x*~~~
T%IR% NO 2696
INCOMPLETE T%/R%
TRANSACTION OK [ 0179P2490779 PSP
03i9P2405331 CP
ERROR
OFFICE OF THE PRQ'CfiONOT'ARY
CUMBERGAND CnCIN'i'Y (7pL1RTHpUSE
O[+IE COURTHOUSE S(7UARE
CARLISLE, PA. 17013-33$7
(717) 24D-6195
FAX (717) 240-6573
VIA TELECOPI t;R
TO: PA STATE POLICE - CC..fia ~ilaCesa,
FAX )(; 717-249-0779
FRCM: CURTIS R. LONG
RE: PFA ORDERS
MESSAGE:
N0. OF PACaES (IBY'LIIDING 4w.,YGR SHEET)
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'this ne~saix: is inbe[t~3 rnly 5x ti-e ~ df t'he irdivicLgl. [r ~tity to chi[#t is .LS addc~ed. and ~i'
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aomirtix'.3::.irn iIi aS'~', plea3e "-^--"'l lH im[~liataly bi' Lelelirre std xe4~it d>e ,~T~ n to ~s :rt
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SHERIFF'S RETURN - REGULAR
CASE N0: 2001-03984 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
ESTRADA NORMA
VS
SOLANO OSCAR M
HARRISON
Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within NOTICE OF HEARING & was served upon
SOLANO OSCAR M
the
DEFENDANT at 0018:30 HOURS, on the 27th day of June 2001
at 301 E ORANGE ST
SHIPPENSBURG. PA 17257
by handing to
OSCAR SOLANO
a true and attested copy of NOTICE OF HEARING & together with
ORDER, TEMP PFA
and at the same time directing His attention to the contents thereof.
Sheriff's Costs:
Docketing 18.00
Service 13.02
Affidavit .00
Surcharge 10.00
.00
41.02
Sworn and Subscribed to before
me this 23nr( day of
P oth nota'~
So Ahswe
0 ~ ,
R. Thomas Kline
06/28/20
By:
Arc ~ ~ aoo~1
NORMA ESTRADA, : IN THE COURT OF COMMON PLEAS OF
Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA
v.
CIVIL ACTION -LAW
OSCAR M. SOLANO, : IN PROTECTION FROM ABU5E
Defendant
N0. 01-3984 CIVIL TERM
MODIFIED FINAL ORDER OF COURT
Defendant's Name: Oscar Montes Solano
Defendant's Date of Birth: 7/23/79
Defendant's Social Security Number: Unlmown.
Names of All Protected Persons, eluding Plain :Norma Estrada
AND NOW, this day , 2001, the court having jurisdiction over
the parties and the subjec -matter, it ' O E D, ADJUDGED and DECREED as follows:
Pursuant to Plaintiffls Petition for Modification, the Final Order of Court entered on July
2, 2001, shall be modified and the following Modified Final Order of Court is entered:
Plaintiff s request for a modified final protection order is granted.
1. Defendant shall not abuse, stalk, harass, or threaten the Plaintiff in any place where
she might be found.
2. The court costs and fees related to this action are waived.
3. A certified copy of this Order shall be provided to the Shippensburg Police
Department and the Pennsylvania State Police.
HIiV'G',1lASi~>'J~d
n • p ~
•)
n~'tl
4. This Order supersedes any prior PFA Order.
5. This Order applies immediately to Defendant and shall remain in effect until January
2, 2003.
NOTICE TO THE DEFENDANT
VIOLATION OF THIS ORDER MAY RESULT IN YOUR ARREST ON THE
CHARGE OF INDIRECT CRIMINAL CONTEMPT WHICH IS PUNISHABLE BY A FINE
OF UP TO $1,000.00 AND/ORA JAIL SENTENCE OF UP TO SIX MONTHS. 23 PA.C.S. §
6114. VIOLATION MAY ALSO SUBJECT YOU TO PROSECUTION AND CRIMINAL
PENALTIES UNDER THE PENNSYLVANLA CRIMES CODE.
THIS ORDER IS ENFORCEABLE IN ALL FIFTY (50) STATES, THE DISTRICT OF
COLUMBIA, TRIBAL LANDS, U.S. TERRITORIES AND THIS COMMONWEALTH OF
PUERTO RICO UNDER THE VIOLENCE AGAINST WOMEN ACT, 18 U.S.C. §2265. IF
YOU TRAVEL OUTSIDE OF THE STATE AND INTENTIONALLY VIOLATE THIS
ORDER YOU MAYBE SUBJECT TO FEDERAL CRIMINAL PROCEEDINGS UNDER
THAT ACT. 18 U.S.C. §§ 2261 -2262.
NOTICE TO LAW ENFORCEMENT OFFICLALS
The police who have jurisdiction over the plaintiff s residence OR any location where a
violation of this order occurs OR where the defendant may be located, shall enforce this order.
An arrest for violation of Paragraph 1 of this order may be without warrant, based solely on
probable cause, whether or not the violation is committed in the presence of the police. 23
Pa.C.S. § 6113.
Subsequent to an arrest, the police officer shall seize all weapons used or threatened to be
used during the violation of the protection order or during prior incidents of abuse. The Police
Department shall maintain possession of the weapons until further order of this Court.
When the defendant is placed under arrest for violation of the order, the defendant shall
be taken to the appropriate authority or authorities before whom defendant is to be arraigned. A
"Complaint for Indirect Criminal Contempt" shall then be completed and signed by the police
officer OR the plaintiff. Plaintiffs presence and signature are not required to file the complaint.
If sufficient grounds for violation of this order are alleged, the defendant shall be
arraigned, bond set and both parties given notice of the date of the hearing.
BY THE COURT:
Date
Distribution: Oscar M. Solaro, Defendant
The Family Law Clinic, Counsel for Plaintiff ""`"'`'fi`t' ~°~'"' ~; 1 ~~~~
~u~ z i zoo~bl
NORMA ESTRADA, : IN THE COURT OF COMMON PLEAS OF
Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA
v.
CIVIL ACTION -LAW
OSCAR M. SOLANO, : IN PROTECTION FROM ABUSE
Defendant
N0. 01-3984 CIVIL TBRM
PETITION FOR MODIFICATION
Plaintiff, Norma Estrada, by and through her attorneys, the Family Law Clinic, represents
the following:
1. Plaintiff, Norma Estrada, and Defendant, Oscar Montes Solano, are in the process of
reconciling their differences.
2. Plaintiff desires that the Final Order of Court entered on July 2, 2001, be modified to
vacate paragraph 2, which completely excluded Defendant from any residence in which the
Plaintiff may live. The July 2, 2001 Final Order is incorporated by reference and attached as
Exhibit "A".
3. Plaintiff desires that paragraph 3 of the Final Order entered on July 2, 2001, which
prohibited Defendant from having any contact with Plaintiff at any location where she might be,
including her school, business or place of employment, be vacated.
4. Plaintiff desires that paragraph 4 of the Final Order entered on July 2, 2001, which
prohibited Defendant from contacting Plaintiff by phone or through third persons be vacated.
5. Plaintiff desires that paragraph 5 of the Final Order entered on July 2, 2001, which
gave Defendant periods of supervised visitation with his child be vacated.
6. Plaintiff desires that all other provisions of the Final Order of Court entered on July 2,
2001, remain in full force and effect.
WHEREFORE, Plaintiff requests that the Final Order of Court entered on July 2, 2001,
be modified to reflect the above provisions, and that in all other respects, the Order remain in full
force and effect.
August ~ 2001 Respectfully Submitted,
Debra Hart Munchel
Certified Legal Intern
- L
R ert E. Rains
Thomas M. Place
Teri L. Henning
Supervising Attorneys
THE FAMILY LAW CLINIC
45 North Pitt Street
Carlisle, PA 17013
717-243-2968
VERIrICATION
I verify that I am the Petitioner as designated in the present action and that the facts and
statements contained in the above Petition are true and correct to the best of my knowledge. I
understand that any false statements are made subject to the penalties of 18 Pa.C.5. §4904,
relating to unswom falsification to authorities.
Date: Q$ / ~7 ~~/
~lg~y~-nom ~~~r~~
Norma Estrada, Plaintiff
:sx
NORNIA ESTRADA, IN THE COURT OF COMMON PLEAS OF
Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA
v.
CIVIL ACTION -LAW
OSCAR M. SOLANO, IN PROTECTION FROM ABUSE
Defendant
N0. 01-3984 CIVIL TERM
FINAL ORDER OF COURT
Defendant's Name: Oscar Montes Solano
Defendant's Date of Birth: 7/23/79
Defendant's Social Security Number: Unknown.
Names of All Protected Persons cludin Plai ~ff: N a Estrada
AND NOW, this day of 001, the court having jurisdiction over
the parties and the subjec -matter, it is OR ERED, ADJUDGED and DECREED as follows:
Pursuant to the consent of the parties, which does not constitute Defendant's admission to
the,averments of abuse in the petition, the following order will be entered:
Plaintiff's request for a final protection order is granted.
1. Defendant shall not abuse, stalk, hazass, or threaten Che Plaintiff in any place where she
might be found.
2. Defendant is completely excluded from the residence or any other permanent or
temporary residence where Plaintiff may live. Defendant shall have no right or privilege
to enter or be present on the premises of Plaintiff.
Except for such contact with or regarding the minor children as may be permitted under
~XNrl~t'( ~
paragraph 5 of this order, Defendant is prohibited fi-om having ANY CONTACT with
Plaintiff, or any other person under this Order, at any location, including but not limited
to any contact at Plaintiff s school, business, or place of employment.
a. Except for such contact with or regat-ding the minor children as may be permitted under
Paragraph 5 of this Order, Defendant shall not contact Plaintiff, or any other person
protected under this Order, by telephone or by any other means, including through third
persons.
5. Pending conciliation and/or agreement of the parties, plaintiff and defendant shall have
shared legal custody of child. Plaintiff shall have primary physical custody of the child.
Defendant shall have supervised periods of partial physical custody, the dates and times
of defendant's periods of supervised partial physical custody to be arranged between the
parties through their attorneys.
6. The costs of this action are waived as to all parties.
A certified copy of this Order shall be provided to the Shippensburg Police Department
and the Pennsylvania State Police.
This Order supersedes any prior PFA Order.
9. This Order applies immediately to Defendant and shall remain in effect for eighteen
months, until January 2, 2003.
NOTICE TO THE DEFENDANT
VIOLATION OF THIS ORDER MAY RESULT IN YOUR ARREST ON THE
CHARGE OF INDIRECT CRIMINAL CONTEMPT WHICH IS PUNISHABLE BY A FINE
OF UP TO $1,000.00 AND/OR A JAIL SENTENCE OF UP TO SIX MONTHS. 23 PA.C.S. §
6114. VIOLATION MAY ALSO SUBJECT YOU TO PROSECUTION AND CRIMINAL
PENALTIES UNDER THE PENNSYLVANIA CRIMES CODE.
THIS ORDER IS ENFORCEABLE IN ALL FIFTY (50) STATES, THE DISTRICT OF
COLUMBIA, TRIBAL LANDS, U.S. TERRITORIES AND THE COMMONWEALTH OF
PUERTO RICO UNDER THE VIOLENCE AGAINST WOMEN ACT, I8 U.S.C. §2265. IF
YOU TRAVEL OUTSIDE OF THE STATE AND INTENTIONALLY VIOLATE THIS
ORDER YOU MAY BE SUBJECT TO FEDERAL CRIMINAL PROCEEDINGS UNDER
THAT ACT. 18 U.S.C. §§ 2261 -2262.
NOTICE TO LAW ENFORCEMENT OFFICIALS
The police who have jurisdiction over the plaintiffs residence OR any location where a
violation of this order occurs OR where the defendant may be located, shall enforce this order.
An arrest for violation of Paragraphs 1 through 5 of this order may be without warrant, based
solely on probable cause, whether or not the violation is committed in the presence of the police.
23 Pa C.S. § 6113.
Subsequent to an anest, the police officer shall seize all weapons used or threatened to be
used during the violation of the protection order or during prior incidents of abuse. The Police
Department shall maintain possession of the weapons until further order of this Court.
When the defendant is placed under arrest for violation of the order, the defendant shall
betaken to the appropriate authority or authorities before whom defendant is to be arraigned. A
"Complaint for Indirect Criminal Contempt" shall then be completed and signed by the police
officer OR the plaintiff. Plaintiffs presence and signature are not required to file the complaint.
If sufficient grounds for violation of this order are alleged, the defendant shall be
arraigned, bond set and both parties given notice of the date of the hearing.
If entered pursuant to the consent of the plaintiff and defendant:
IVOrmG ~~ ~ra~
Norma Estrada, Plaintiff
IJSc~/ a»a/7Teg
Oscaz M. Solano, Defendant
Debra Hart Munchel
Certified Le al Intern
_. ~~ ~-
Thomas Place
Robert Rains
Teri Henning
Supervising Attorneys
THE FAMILY LAW CLINIC
45 North Pitt Street
Carlisle, PA 17013
(717)243-2968
Counsel for Plaintiff
r
rsa Test#rr~ty ylg~ , I ~ u9~0
ant! thQ s6 of g,~dhas~~
rhisti ... °CO`' ~
BY THE COURT:
NORMA ESTRADA, : IN THE COURT OF COMMON PLEAS OF
Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA
v.
CNIL ACTION -LAW
OSCAR M. SOLANO, : IN PROTECTION FROM ABUSE
Defendant
NO. 01-3984 CNIL TERM
CERTIFICATE OF SERVICE
I, Debra Hart Munchel, Certified Legal Intern, the Family Law Clinic, hereby certify that
I am serving a true and correct copy of a Petition for Modification on the defendant, Oscar
Montes Solano, at the following address, by regular U.5. Mail, this 20a` day of August, 2001:
301 East Orange Street
Shippensburg, PA 17257
Debra Hart Munchel
Certified Legal Intern
FAMILY LAW CLINIC
45 North Pitt Street
Cazlisle, PA 17013
717-243-2968
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08/27101 MON 08:16 FAX 717 240 6573 CUMB CO PROTEONOTARY
fool
8:k~~*8~*YBN~~~**&S*~Y:N~S:B*SN~
~*a MULTI TN REPORT ~a:ix
T%/R% NO 2771
INCOMPLETE T%f R%
TRANSACTION OB [ O1]9P2490779 PSP
[ 03]9p2405331 CP
ERROR
OFFICE OF THE PROTHONOTARY
CLMI9ERLAND GTl(1NTY COUR'(HOUSE
IXVG COURTHOUSE SQUARE
CARLISLE, PA. 17013-3387
(717) 24D-6195
FAX (717} 240-6573
VIA TfrLECOP I E R
T4: PA STATE POLICE ~ (~~w~IQq/ rieoC ~sS.
FAX p; 717-249-0779
FRfrit: CURTIS R. LANG
RE: PFA ORDERS
MESSAGE:
ND_ OF PAGES (IN^LUDING GtlVER SHEET)
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ri;srr-it~,t;rn oe a4yirg eg this mmznirat;sn is 5txictly pnlvbi60d. If ytu 1'~E z~reived 17us
crnmnir.~,irr, ir. e~,x', pla~se rcr;fi, is innedietrly ty ~i-[~ ad ieGun tte cxicp'rt~l rp ~ et
tl~e ~o,.~ a via d~ :'.S. postal s~ioe. Ttadc K.u.
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